Omaha daily bee., 1887-03-20

yiction are reconciled with any reasonable
hypothesis, other than the guilt of the defend
ant. or they. do not satisfy the mind of the
Jury beyond reasonable doubt of the guilt
OF defendant, then you should acQuit
Is. You are instructed that circumstantial
evidence Is legal and competent In all Grim
inal cases, and If 1t is OF such character as to
exclude every. reasonable hypothesis, other
as certain and entitled to the same weisht as
direct testimony by word OF mouth.
10. You are the judges of the credibilty to
be given to witnesses, and you should, in con.
into consideration the manner. the interest,
or want of interest OF such witnesses in the
case, together with the standing and bearing
shown by the witnesses in their testimony.
90 y on are instructed that If you are satisfied
from the evidences and circumstances in this
case that any witness who has testified has
willtully and knowingly sworn falsely as to
any material thing in the case. then you NAV
be justified in disregarding the whole of such
witnesses testimony which Is not corrober-
ated by other evidence or circumstances in
the case. You are instructed that the char
acter of an accused Is in law presumed to be
good until the contrary appears from the ev-
dence and that presumption Is to be taken
in favor of the accused until the evidence
overcomes and disapproves such character
81. In case OF prosecution for murder In
the first degree, If the Jury shall be satisfied
from the evidence beyond q reasonable
doubt that defendant purposely and inten-
tionally, unlawfnlly and malicioGsly killed
deceased yet, without deliberate and pre-
meditated malice, the jury can find murder
in the second degree.
22 In a prosecution for murder in the first
degree II the jury shall be satisfied beyond q
reasonable doubt that defendant unlawtully
killed deceased, but without malice at ALL
then, II the evidence is otherwise sufficient
the Jury can only find defendant guilty of
manslaughter.
23 Your are instructed that reasonable
doubt in the meaning of the law Is such a
doubt as would cause a reasonable, prudent
and cOnsiderate man in the graver and more
important affairs of life to pause and hesitate
before acting upon the truth of the matter
charged. The proof is to be deemed to be
beyond a reasonable doubt when the evil
dence is sufficient to impress the judgment
of ordinarily prudent men with conviction
on which they would act without hesitation
in their own most important affairs OF life.
"a. You are instructed that if,after careful
and impartial consideration of all the circum-
stances and all the evidence in the case, you
conviction of the guilt of the defendant, and
are fully satisfied of the truth of the charge,
then you are satisfied beyond reasonable
doubt.
25. Now, gentlemen, l have discharged
my duty the best could, and the sternest re-
spOnsibillty that can ever rest upon a juror
is upon you. No juror is worthy to sit as
such If he, by sympathy for the prisoner or
prejudice against him, permits his verdict to
fendant q verdict carved wholly out of the
evidence and the law.
Thomas Roche, representing the Furst
Distillery company, of st. Joseph, is
making n business visit TO Omaha